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Opinions May 24, 2011

May 24, 2011
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Indiana Supreme Court had posted on opinions by IL deadline.

Indiana Court of Appeals
S.W. by P.W. v. B.K.
71A03-1012-PO-655
Protective order. Reverses trial court’s denial of S.W.’s motion to correct error, remands for a hearing on civil contempt petition, and orders S.W. to be reimbursed $250 appellate filing fee. Held that Indiana code states filing fees will not be assessed for a proceeding seeking relief from or enforcement of a civil protective order.

Paternity of A.S.; B.S. v. E.M.
82A01-1006-JP-291
Juvenile paternity. Affirms trial court’s award of primary custody to mother and remands to trial court for determination of how and when the father may make-up lost parenting time.

Wastewater One, et al. v. Floyd County Board of Zoning Appeals, et al.

22A04-1007-PL-418
Civil plenary. Affirms the trial court’s findings of fact, conclusions of law, and judgment affirming the Board of Zoning Appeals’ denial of the applicant’s conditional use of application for expansion of a sewage treatment plant.

Harold E. York v. State of Indiana
27A02-1008-CR-956
Criminal. Dismisses Harold York’s interlocutory appeal previously granted by the Court of Appeals, in anticipation of the defendant claiming the trial court should have granted his motion to dismiss the charge of Failure to Register as a Sex Offender, a Class D felony. In its decision to dismiss, the appeals court held that the state did not allege York had failed to register under the lifetime requirement, but that he violated the Registration Act by failing to include his fiancee’s house as his residence.  

Term. of Parent-Child Rel. of K.K.; C.W. v. IDCS (NFP)
42A04-1010-JT-699
Juvenile. Affirms termination of parental rights.

Christian D. Howard v. State of Indiana (NFP)
48A04-1010-CR-656
Criminal. Affirms trial court’s revocation of probation and decision to allow hearsay testimony.
 
Indiana Tax Court had posted no opinions by IL deadline.

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  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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